Is an admission of slavery accepted from an individual of unknown status who has not previously asserted freedom?
General Chapter
Al-Mughni
Book of Foundlings
Primary text
There are differing views. The position held by the companions of *Ra'y* (i.e., the Hanafis) is that the admission is accepted because the person is of unknown status and made the admission, similar to when a refugee from enemy territory admits to being a slave or admits liability for *qisas* (retaliation) or a *hadd* (fixed punishment), even if it results in the loss of one's own life.
Supporting text
The preferred view is that the admission is not accepted because it invalidates the right of God concerning the established freedom. Furthermore, since the individual is presumed free and has not established a new status indicating slavery after being found, the admission is void. This view is held by Al-Qasim and Ibn al-Mundhir. Al-Shafi'i also holds two views mirroring these positions.